Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for HB 667
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/3R          .                                
             03/08/2018 02:45 PM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 56 and 57
    4  insert:
    5         Section 2. Section 564.05, Florida Statutes, is repealed.
    6         Section 3. Section 564.055, Florida Statutes, is amended to
    7  read:
    8         564.055 Cider containers and growlers.—Notwithstanding any
    9  other law to the contrary:,
   10         (1) Cider, as defined in s. 564.06(4), may be sold by
   11  vendors at retail in any size individual container containing no
   12  more than 32 ounces of cider.
   13         (2)Cider may also be packaged, filled, refilled, or sold
   14  in a growler that holds 32, 64, or 128 ounces of such cider if
   15  it is filled at the point of sale.
   16         (a)Cider packaged in a growler may be filled or refilled
   17  by a licensed manufacturer of wine holding a vendor’s license
   18  under s. 561.221(1)(a) or any person authorized to fill or
   19  refill a malt beverage growler pursuant to s. 563.06(7)(a)1.-3.
   20         (b)A growler must include an imprint or label that
   21  provides information specifying the name of the manufacturer,
   22  the brand, and the anticipated percentage of alcohol by volume
   23  of the cider. The package must have an unbroken seal or be
   24  incapable of being immediately consumed.
   25         (c)A licensee authorized to fill or refill growlers may
   26  not use growlers for the purposes of distribution or sale
   27  outside of the licensed manufacturing premises or licensed
   28  vendor premises.
   29         (d)A person, firm, or corporation, including its agents,
   30  officers, or employees, that violates this subsection commits a
   31  misdemeanor of the first degree, punishable as provided in s.
   32  775.082 or s. 775.083, and the license held by the person, firm,
   33  or corporation, if any, is subject to revocation or suspension
   34  by the division. A person, firm, or corporation, including its
   35  agents, officers, or employees, that violates paragraph (b) may
   36  be subject to a fine by the division of up to $250.
   37         (3); however, This section does not prohibit cider from
   38  being packaged and sold in bulk, in kegs or barrels, or in any
   39  individual container that contains 1 gallon or more of cider,
   40  regardless of container type.
   41         Section 4. Section 564.09, Florida Statutes, is amended to
   42  read:
   43         564.09 Restaurants; off-premises consumption of wine.
   44  Notwithstanding any other provision of law, a restaurant
   45  licensed to sell wine on the premises may permit a patron to
   46  remove one unsealed bottle of wine for consumption off the
   47  premises if the patron has purchased a full course meal
   48  consisting of a salad or vegetable, entree, a beverage, and
   49  bread and consumed a portion of the bottle of wine with such
   50  meal on the restaurant premises. A partially consumed bottle of
   51  wine that is to be removed from the premises must be securely
   52  resealed by the licensee or its employees before removal from
   53  the premises. The partially consumed bottle of wine shall be
   54  placed in a bag or other container that is secured in such a
   55  manner that it is visibly apparent if the container has been
   56  subsequently opened or tampered with, and a dated receipt for
   57  the bottle of wine and full course meal shall be provided by the
   58  licensee and attached to the container. If transported in a
   59  motor vehicle, the container with the resealed bottle of wine
   60  must be placed in a locked glove compartment, a locked trunk, or
   61  the area behind the last upright seat of a motor vehicle that is
   62  not equipped with a trunk.
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete line 12
   67  and insert:
   68         alcoholic beverages; repealing s. 564.05, F.S.,
   69         relating to limitations on the size of individual wine
   70         containers; amending s. 564.055, F.S.; authorizing the
   71         packaging, filling, refilling, or sale of cider in
   72         growlers of specified sizes and under specified
   73         circumstances; providing labeling and packaging
   74         requirements for cider growlers; restricting the use
   75         of cider growlers; providing criminal and civil
   76         penalties and license revocation or suspension for
   77         certain persons or licensees who violate provisions
   78         regulating cider growlers; amending s. 564.09, F.S.;
   79         revising provisions authorizing a restaurant to allow
   80         a patron to remove bottles of wine from a restaurant
   81         for off-premises consumption; providing an effective
   82         date.